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(영문) 청주지방법원 2018.09.12 2018가합3530
조합장선거무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 27, 1996, the Plaintiff is a member of the Defendant Cooperative who joined the Defendant Cooperative; and the Defendant Cooperative is a D Association established under the Agricultural Cooperatives Act with the area of the Chungcheong C Headquarters as the area.

B. On March 7, 2018, the Defendant Union held an election for the president of the Defendant Union (hereinafter “instant election”), and 1,923 of the 2,603 union members participated (including invalid 6 marks) in voting, and the candidate E among which the 2,603 union members participated (including invalid 6 marks), and the candidate F obtained 760 votes, and the candidate G obtained 286 votes, the Defendant Union decided E as the elected person, and announced E as the elected person.

C. The statutes and the articles of incorporation of the Defendant regarding the instant election are as follows.

The Agricultural Cooperatives Act (hereinafter referred to as the “instant Act”).

Part II D Association Article 19 (Qualifications for Members) (1) Members of the Association shall have addresses, addresses or places of business in D zones, and shall not be admitted to two or more D zones.

(4) The scope of farmers under paragraph (1) shall be prescribed by Presidential Decree.

Article 29 (Withdrawal) (2) In cases where a member falls under any of the following subparagraphs, he/she shall automatically withdraw:

1. If a member is disqualified; (3) The board of directors under Article 43 shall verify whether all or some of its members falls under any subparagraph of paragraph (2);

Article 43 (Board of Directors) (3) The board of directors shall resolve the following matters:

1. The Enforcement Decree of the Agricultural Cooperatives Act (hereinafter referred to as the “Enforcement Decree of this case”) with the examination of qualifications and approval for membership;

(1) The scope of farmers who meet the requirements for membership of the D Union under Article 19(1) of the Act shall be as follows:

1. A person who manages or cultivates farmland of not less than 1,00§³;

(3) Matters necessary for verifying whether a person falls under paragraph (1) 2 shall be determined and publicly notified by the Minister of Agriculture, Food and Rural Affairs.

Methods and methods of identifying farmers who meet the qualification requirements for members.

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